#ra9165

FEBRUARY 23, 2015 DEL CASTILLO, J.

FACTS:

Appellant Larry Basilio y Hernandez was convicted for violation of Section 5, Article II of RA 9165 (Comprehensive Dangerous Drugs Act).  On November 2, 2006, at 10 PM, a buy-bust operation was conducted against “Kagi” which resulted to the acquisition of a small heat-sealed transparent plastic sachet containing white crystalline substance and the appellant’s arrest. The appellant however, denied the accusation and alleged that on the night of the buy-bust, he was on his way home when five police officers accosted him and asked about a certain alias “Peter” and that he was then arrested for failing to give them information.

The RTC found the appellant guilty beyond reasonable doubt; the CA affirmed.

ISSUE:

Whether the lower courts correctly convicted appellant of the offense of illegal sale of shabu

RULING:

To obtain a conviction for violation of Section 5, Article II of RA 9165 involving a buy-bust operation, the following essential elements must be established: “(1) identity of the buyer and seller, the object of the sale and consideration; and (2) the delivery of the thing sold and its payment. What is material is the proof that the transaction or sale actually took place, coupled with the presentation in court of the corpus delicti as evidence. Thus, the delivery of the illicit drug to the poseur-buyer and the receipt by the seller of the marked money consummate the illegal transaction.

Here, all the foregoing elements are obtaining. The prosecution witnesses positively identified appellant as the seller of the substance to the poseur-buyer, SPO1 Chua, for the sum of P100. The white crystalline substance presented during trial was identified by SPO1 Chua as the substance sold and delivered to him by appellants. The substance when examined by Forensic Chemical Officer PSI Reyes tested positive to methylamphetamine hydrochloride or shabu. Clearly, the prosecution has adequately and satisfactorily proved all the elements of the offense.